FAIR WARNING

Please Avoid Evergreen Collision Centers

See latest update(s) at end of page

The Saga continues

I may be arrested at any minute

The Sunshine defence

This page is an account of a dispute with Evergreen Collision Centers Inc., located in Sequim, Washington, and is a warning that you should not -- in my personal opinion -- under any circumstances have any dealings with this company.  For the reasons for my opinion/warning, please read the following and -- optionally -- refer to the linked document images.

Also note: everything stated below is simple fact as shown by the documents referenced in links in this page or otherwise publicly available.

30 September 2009

Evergreen Collision Center
aka: Quality Collision Repair
703 E. Washington Street
Sequim, WA 98382

Gentlemen (to use the term loosely), I am beginning with a chronology for the week 9/21 through 9/25

Chronology for GMC Jimmy (Mis)Repair

Now, to drop the chronology, I have not yet contacted an attorney since I hope you may prefer to settle this quietly. If not, however, I will take such steps as I see fit and I believe the results will be that you will wish that you had settled. Or, to put it in simple terms, we can do this the easy way – by you sending me a check per the statement following – or we can do this the hard way and the hard way will cost you much more than the statement following.

My mechanic had no difficulty discovering the reason that my vehicle came to a sudden halt in a massive cloud of steam: to wit, a) you failed to put a clamp (cost $1.10) on the bypass hose; b) the instrumentation was not connected correctly; c) the temperature gauge was inoperable (it had been functional prior to arrival at Evergreen Collision Center, despite the overheating). 

Fortunately – for you – there was no permanent or serious damage to the engine beyond what is detailed following.

You will kindly note that I have not included any charges for a replacement vehicle for the ten days my vehicle was out of service nor for other associated and travel expenses.

I will appreciate your check for the above amount with all due dispatch. To assure you of the sincerity of my intentions, please visit this address: www.evergreen-collision-center.com. This domain has not been publicized and will remain private for the next fourteen days (i.e., until 14 October 2009). Also, if you would like, arrangements can be made to transfer ownership of this domain.

Unhappily yours,

Ben Ezzell

Invoice and other images are linked following

Invoice from Evergreen Collision Centers (two pages)

Ticket from Northwest Towing & Recovery (one page)

Work order from Economy Garage (one page)

Note: images may be downloaded to view actual size

Response from Evergreen Collision Centers

please note that any errors in punctuation, etc. in the following quotes are exactly as they appear in the original

In a letter dated 6 October 2009, Evergreen Collision Centers (Claude Bentz, Co-Manager) wrote:

"We appreciate your brining (sp) this to our attention and assure that we will be taking action to rectify this problem."

A pleasantly vague statement with no real intent or remedy suggested but, as you will see, their real interest in a remedy is simply in collecting money. (The spelling is theirs as it appears in the letter.)

"We are disappointed that we were were not given the opportunity to correct this mechanical error but given the circumstances it is understandable."

Their understanding, however, was very limited ... essentially a weasel phrase since they continue:

"We are willing to pay the added cost that was incurred by you. And do sincerely apologize for the inconvenience but there is a bill due to us in the amount of $618.82 because you stopped payment on your check to us."

Geeeeezze, now why would I have done that? Obviously, they can't imagine why.

"If you would like we can deduct the amount of the Economy Garage bill in the amount of $358.11."

A very generous offer .. in their estimation, anyway.

"Furthermore, as for the website you have created in our name." -- you're reading it here -- "We do not appreciate the slander and in fact our attorney views this as a blackmail attempt to get your repairs done for free." -- And what repairs would those be? The ones that weren't done?

Oh, yes, the definition of slander is: words falsely spoken that damage the reputation of another. Now, since I have merely quoted them -- although I have added my opinion of their actions and responses -- this is called truth, not slander and has not been shown to cause any damage to their hypothetical reputation.

Further, however much a person may dislike having this happen, quoting them exactly and correctly (see links for the actual documents) is not slander nor is it libel. As guaranteed by the First Amendment to the Constitution of the United States (favorite reading of mine), speech is free for all ... including publication. Further as a child of a newspaper editor and publisher, the definition of libel and the laws relating to libel were drummed into me at a very young age. We might, however, presume that the lawyer they refer to -- not identified -- somehow missed out on this critical bit of information.

In any case, their letter of 6 October continues: "This serves as a notice to you that the web site in question is not removed within 48hr we will be forced to take further action. We wish to be fair and expect the same in return."

The first sentence, in the preceding quote, is rather unclear due to the -- probable -- omission of one word (i.e., a critical "if"). The last part, of course, is simply more weasel words; rather like the rattle on a diamondback, offering fair warning of their nature. (Note, this is not to disparage diamondback rattlers who, essentially, are harmless if treated with respect and who are valuable in controlling pests.)

Letter from Evergreen Collision Centers, dated 6 October 2009, posted 8 October 2009

Further demand from Evergreen Collision Centers

And this was where things stood up until the 29th of January, 2010 when a registered letter was received.

Please note that, during this interval, the website you are reading was not publicized, indexed, submitted for inclusion in any search engines, etc. ... until now.

This said, the letter received on the 29th of January begins: "Evergreen Collision Centers shows that on September 25, 2009 you wrote a check for the amount of $618.82 and the check was canceled on September 26, 2009"

That statement, as reported earlier, is quite correct. The check was canceled for cause.

"This letter is our demand for payment (cash or Cashiers Check) in the amount of 618.82 And $50.00 court and service fee. Total demand is $ 668.82."

"This demand is made by Dave Anstett representing Evergreen Collision Centers Inc. and you have fourteen days from the date of receipt to respond with payment. You will not receive another notice before we file the appropriate law enforcement agency."

(Just for your amusement, can you spot the missing punctuation and words in the preceding quote? In any case, it will be interesting to see how they file an agency.)

Registered letter from Evergreen Collision Center, dated 28 January 2010

Obviously, I have no intention of submitting to their attempt at blackmail and will be contacting an attorney of my own (hopefully one who can write and punctuate to a higher standard as well as one who is conversant with the definitions of libel, etc.)

Since it would however be presumptuous (and possibility libelous) of me to speculate on the connection between the name Evergreen and their raptorous demands for payment, I offer no such connection but do leave such inference open for the readers.

So, watch this space for further developments.

Criminal Charges

Notice the phrase in red above? The one which reads: "you have fourteen days from the date of receipt to respond with payment"? Said letter was received on January 29th. On February 2nd -- I'm sure you can count, no? -- a mere four (4) days later, I have a call from a (supposed) police officer informing me that unless I immediately send them (Evergreen) a check, I will be arrested for theft, charged and imprisoned. Does this tell you how good their word is? But, hang on, it gets better.

Item one: the so-called police office -- assuming that he actually is a police officer -- is guilty of misconduct for several reason.

First, a police officer is not allowed to act to recover debts for a company.

Second, a police officer can not threaten anyone with arrest -- that is, they can arrest you but they can not use arrest as a threat.

Third, every time I insisted that I wished to speak to my attorney before even considering doing anything ... I was shouted down and threatened with arrest and jail within the hour.

Fourth, when I asked for his name and badge number ... I was ignored and, again, shouted down and, again, threatened with arrest.

Fifth ... well, the list is pretty long but the only thing I could tell for sure was that I was talking to an unknown -- and abusive -- voice calling on my cellular number ... but no vestige of proof of identity or authority.

Item two: what I did have -- when all was said and done -- was a number on caller ID which did match the Sequim Police Department ... but caller ID can be spoofed almost as easily as an email address (have you ever received spam which showed your address as the return address?)

In Response

My attorney has sent a formal letter to the Sequim Police Department demanding disclosure of their phone records to show whether or not the call did originate with them: a presumption that the call originated with one of their officers who is guilty of several counts of misconduct.

Alternately, if the caller ID had been spoofed, then someone -- acting on behalf of ECC -- was guilt of several other charges including impersonating a police officer and attempted extortion with menaces; all of which are criminal offenses not only on the part of the pretender but also on the part of ECC. It's a little thing called criminal conspiracy ... and I will pursue them!

The Sequim PD has not yet responded to the request for discovery aside from saying that their attornies will nee two weeks to look into the matter. The law says that they must respond within five (5) days.

Further, while awaiting results of the demand for discovery, I have also contacted the state Attorney General to a) request records of any and all complaints filed against ECC and b) to file my own complaint and charges against ECC.

I have also filed a complaint with the BBB although this has less weight that the charges filed with the state.

In the Interest of Complete Honesty

I want to be perfectly and completely honest (unlike some) and admit that I do not have any "concrete" evidence to prove that ECC was responsible for the phone call I received. The only "concrete" evidence is a record of a 7 min 48 sec incoming phone call with the Sequim Police Department's number on the call ID.

However, as Heny David Thoreau put it: "Some circumstantial evidence is very strong, as when you find a trout in the milk." His context was that it could not be proven that the milk had been watered ... but, none the less, the circumstantial evidence was overwhelming.

And so it is in this case.

A Declaration of War

I would like to request your assistance -- the assistance of everyone who reads this page -- to strike a blow for real justice against corporate tyranny. No, this is not a big case but, unless we fight and defend the small matters, we can not win the big ones.

Please read just a little further to see what I am asking (no, it's NOT money).

Going Viral

This is war!

While I do intend to pursue legal remedies, I would also like to ask for your assistance. The problem for me is that it may be difficult to prove who did what, who conspired with whom, etc. In short, bringing charges in a court of law could be both time consuming and expensive.

As a retired Vet on a fixed income, my financial resources are limit. But this does not mean that my resources are limited. Where money is lacking, I have intelligence, literacy, a very real knowledge of the Internet and, hopefully, the assistance of a great many friends.

I do not want anyone to send money; instead I am asking for a more valuable element of assistance. If you are willing to help me strike a blow for real justice, would you please:

1) link to this website from any webpages possible (this will help this site become the #1 hit for any search for Evergreen Collision Center(s) and thus assist me in bringing direct pressure on them). Reciprocial links will be made on request.

2) forward the link to anyone and everyone you can and help me make this go viral ... totally viral!

A simple message to your friends and contacts or link like this on any possible websites or on your facebook (etc) pages would be appreciated very, very much:

Strike a blow for freedom from corporate extortion:
link to http://www.evergreen-collision-center.com

And check back occasionally to see the SiteMeter and watch this site grow. Come along and join the fun.

A number of things have been happening; Evergreen has continued to try to apply extortion and ... well, let's begin with a letter from Evergreen (where they make some really egregious admissions) and then with two phone calls; one from Evergreen and one from the Sequim PD.

So, in their own words: (my comments are in red)

Evergreen Collision Centers, Inc.
703 E Washington St.
Sequim, WA. 98382
Phone 360-683-1128
Fax 360-683-1659
www.davea@olypen.com

Note the rather unusual email address? I don't know if this address would actually work but it does speak for the level of computer sophistication of the author. Not well, but it does speak volumes.

To: Mr. Paul Richmond                                              02-11-10                                                                               

Re: Mr. Ben Ezzell

First of all let me introduce myself, I am Dave Anstett, and I'm the owner of Evergreen collision Centers, Inc. We are known in the state of Washington as being the top service providers for AAA. Among all there preferred shops and towing companies, we have earned the highest awards for customer service. Customer service and competitive pricing means a lot to us and we do everything possible to keep our reputation from being tarnished.

Now, right here, we have two outright and indefensible lies. First, Evergreen is not "the top service providers for AAA" (typo is theirs); I've checked with AAA and this is definitely an outright lie because: Second: AAA tells me that Evergreen is not a member, has never been rated for auto repair by AAA in any fashion and this leaves little credibility to the claims they make following.

Oh, yes, as for a tarnished reputation? You figure it out.

But maybe it is time for AAA to defend their reputation.

That being said, we did repair Mr. Ben Ezzell's vehicle on or about September 24, 2009. I have included a copy of our original bill along with several local competitors' quotes via U.S. Mail. I feel that our bill was fair and competitive for our market area. When comparing quotes it is important to understand the complete job. In your quote of 3.5 hours it seems you may have missed the 2.2 hour procedure to perform the upper gasket repair that was in fact performed by Evergreen Collision Centers, Inc. on Mr. Ezzell's vehicle. Also note that labor books are only a labor guide not a true labor cost. There are several things that can happen during any repair on older vehicles that can affect the time and labor charges.

A few things to remember here. I left my vehicle for an estimate but, apparently, their estimate was that they could get away with anything they wished. I did not receive an estimate, I did not authorize any repairs, I did try to have my vehicle removed from Evergreen (but, when my tow truck driver showed up, they were "almost done" with the repairs I had not authorised ... and they would have to charge me for them anyway ... even though, as latter appears, they had not even begin any repairs.)

As for the additional work? I have no evidence -- beyond their word and we've seen what that's worth -- that any of this was done nor was it authorized.

As per all of our repairs, Mr. Ezzell's vehicle received the up most caution while being repaired. When the repairs were complete, it was test driven as well as pressure tested to assure there were no leaks in the entire system. After the vehicle went through and past these tests, all fluids were checked and or refilled. (In some cases we find that air can get trapped in a system so we always double check prior to delivery.) Now I would like to point out that it is possible for a $1.50 clamp to fail and it is also possible that a clamp could be left loose. However, if it was a loose clamp it would have most probably shown up during the test drive or for sure, during the pressure tests. It is my guess that the clamp failed.

Even IF this were so, that does nothing to explain how/why the temperature sender was broken (physically) when I picked up the vehicle. It was working fine when I left the vehicle; dead on return.

Does any of their explanation sound familiar? Something like: "but the dog ate my homework..."

We would have gladly corrected this problem had we been given the chance by Mr. Ezzell. He could have simply called us on our 24/7 phone number provided to Mr. Ezzell on the invoice that had just been given to him. We would have dispatched our service truck immediately and been to Mr. Ezzell and his vehicle within 45 minute give or take a few minutes. This would have been at our expense.

After all the trouble I'd had in the past week even getting them to answer the phone? And after they'd done such a bodge job the first time? Do I look stupid? Or like a masochist of some kind? Or mentally derragned?

In short, not a chance!

And, even if I had, were they going to pay for a taxi to get me home? Or offer me a rental car (at their expense)? Or any other courtesy? Some how, I think not.

We have tried to resolve this matter with Mr. Ezzell only to continuously get barraged on the internet with slanderous accusations and belittling language.

This web site -- the one you are reading now -- only went public after I received a further demand letter and, more important, a phone call from a (supposed?) Sequim PD officer who was abusive, threating, and attempting to commit extortion with menaces on behalf of Evergreen.

A request for discolsure -- to discover who this "officer" was -- to the Sequim PD has not been answered.

We offered for him to reissue the check he stopped payment on and we would not press charges or turn him over to collections.

1.  We offered to reimburse him for his cost of towing and to repair the hose clamp in the amount of $358.11.

We feel that this was a fair settlement as we did perform service that was much needed on Mr. Ezzell's vehicle and we did repair the original problem. Mr. Ezzell was aware of the repair cost before he had us do the repair. (He did in fact write a check to pay for the repair only to turn around and stop payment on the check.)

Ho hum ... another blatant lie. I was not aware of the cost, I recevied no estimate, I did not authorize any repairs and I was blocked when I attempted to have the vehicle taken to another garage.

Evergreen Collision Centers, Inc. still makes the offer to resolve this matter by exchange of checks.

1. Mr. Ezzell owes $618.11 due to Evergreen Collision Centers, Inc. (Note, on Feb 13, 2010 The Sequim Police Department plans to take action if not resolved.

Once more, a threat which again implies a criminal conspiracy between Evergreen and the Sequim PD. Or is this only in the twisted minds at Evergreen? Read further and listen to the voice mails.

In Exchange;

2. Evergreen Collision Centers, Inc. will pay Mr. Ezzell $358.11 for his added repairs and towing expense.
3. Evergreen Collision Centers, Inc. demands that any and all internet postings be removed immediately. These postings are under our trade name and no one has permission to use our name/address/and phone number in any way shape or form. This has caused a significant decrease in business and I will have to sue for lost income if this is not resolved immediately.

In short, they still want to be paid for not doing the repairs and they really don't like this web site (which is now #s 1, 2 and 3 in the search engines). As for their loss of business ... well, again, we have only their word for this and they've shown repeatedly exactly what their word is worth. As for a settlement, my earlier offer still stands ... but with a few additions resulting from their actions. (The exact requirements are outlined in my complaint filed with the BBB.)

As for the web site? I'll be happy to sell them the domain for $10.00, exactly what it cost me to register it. Of course, there will also be a $75.00 charge for my professional services in transferring it to them. And, this is all contingent on them settling this entire matter as outlined. But I am trying to be fair. And I didn't start this fight.

Thank you,

Dave Anstett
President

All typos in this and any other written communications are exactly as they appear in the originals; likewise all errors in punctuation, grammar, phrasing, etc.

Now, following this letter, we (my attorney directly and myself indirectly) received two interesting phone calls.

The first is a demand from Evergreen together with another threat of arrest. [click here]

The second -- even more interesting -- is from the Sequim PD. [click here]

And also an email from the Sequim Chief of Police:

From: Robert L. Spinks <rspinks@ci.sequim.wa.us>

Subject: Re: Meet and Confer - Re Ezzell/Evergreen

To: "'paulrichmond_attorney@yahoo.com'" <paulrichmond_attorney@yahoo.com>, "'ahernandez@co.jefferson.wa.us'" <ahernandez@co.jefferson.wa.us>, "Craig Ritchie" <CRitchie@ci.sequim.wa.us>

Cc: "Ken Almberg" <KAlmberg@ci.sequim.wa.us>, "Donald Reidel" <DReidel@ci.sequim.wa.us>, "Dave Campbell" <DCampbell@ci.sequim.wa.us>, "Sean Madison" <SMadison@ci.sequim.wa.us>, "Sheri Crain" <SCrain@ci.sequim.wa.us>, "Sandy McCulloch" <SMcCulloch@ci.sequim.wa.us>, "Cathy Eldred" <ceeldred@ci.sequim.wa.us>

Date: Friday, February 12, 2010, 8:58 PM

Mr Richmond -

Our Agency responded to your initial inquiry on Thursday and our City Attorney, Craig Ritchie has responded by mail with the documents you requested today.

After reviewing your emails, and the Officer's report, we have referred the UIBC investigation to the City Prosecutor. As this investigation actually involves a gross misdemeanor, it will be up to the Prosecutor to decide on whether to charge your client.

It is obvious that probable cause exists to arrest, whether that action were taken by our agency or one in Jefferson County, there isn't any limitation for that to occur. We have elected to have the Prosecutor review the case for any further action.

After you review the documents that you requested and which have been sent to you, please feel free to contact our City Attorney, Craig Ritchie or our City Prosecutor.

Thanks for contacting our agency, to avoid any confusion in the future and to avoid involving various members of our agency who are not involved in this case nor in processing informational requests, please direct your correspondence to myself, the City Attorney or City Prosecutor.

Robert L. Spinks, MA, MS
Chief of Police
Sequim Police Department
609 West Washington St, Ste #16
Sequim, WA. 98382

The Sunshine defence

On the advice of my attorney, it's time to invoke the sunshine defence. I.e., in Paul's words: "Given that they are showing and pushing their hand, sunshine may be one of your best defenses."

Ergo, since I may be arrested at any time, my best defence is simply to make all of this as public as possible.

Oh, yes, about arrest ... I'm a disabled American Veteran, I have diabetes and a serious heart condition as well as suffering from PTSD. It's going to look really, really good for Evergreen to have me arrested, right?

And I'm sure -- when they're also named in a suit -- the City of Sequim is going to appreciate the publicity as well.

I wonder how much -- i.e., how many zeros -- I can get in a settlement.

But that's just speculation because I don't want to be arrested even for an hour. I've been trying to settle (months ago) but these greedy idiots insist on shooting themselves in their own feet and then screaming that I did it to them.

Give me a hand, okay? Publicise the link previous; publicise it as wide and as far as you can ... and keep good thoughts for me.

"Please Bere Bear, what ever you do ... don't throw me in the briar patch."

-- Brer Rabbit

More to follow, I'm sure.

Inquiries or comments can be addressed to: info@evergreen-collision-center.com. If you would like to be notified about updates to this page (they will be infrequent and irregular), email the link above with the words "evergreen updates" as the subject.